2025:KER:26564 WP(C)No.7433 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 7433 OF 2025 PETITIONER/S: GOPINATHAN T.N., AGED 72 YEARS S/O. NARAYANAN EZHUTHACHAN, THEKKEMEPPULLY, ‘SREEEVARI’, THIRUVAMBADI P.O., THIRUVAMBADI, THRISSUR, PIN - 680022 BY ADVS. ASOK KUMAR K.P. ABDUL HAMEED RAFI RAKESH S MENON RESPONDENT/S: 1 THE REVENUE DIVISIONAL OFFICER, 1ST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003 2 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE THRISSUR, CHEMBUKKAVU, THRISSUR DISTRICT, PIN - 680020 3 THE VILLAGE OFFICER, NADATHARA VILLAGE OFFICE, NADATHARA P.O., THRISSUR DISTRICT, PIN - 680751 OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26564 WP(C)No.7433 of 2025 2 J U D G M E N T The petitioner is the absolute owner in possession of 7.18 ares comprised in Survey No. 88, 13.76 ares comprised in survey No.89, 12.55 ares comprised in survey No. 88 and 0.40 ares comprised in survey No. 89 of Nadathara Village, Thrissur Taluk, Thrissur District. Even though the property of the petitioner is described as ‘Nilam’ in the Revenue Records, the predecessor in interest of the petitioner, obtained permission under Clause 6 of the Kerala Land Utilisation Order, 1967 for conversion of 1 Acre 40.5 cents as per Ext.P3 as early as on 30.06.1979. According to the petitioner, based on the same, the petitioner had already reclaimed the land and now the property is being used for non-agricultural purposes. Now for changing the assessment of the land, the petitioner submitted an application in Form A as contemplated under Sec. 6 A of the Kerala Land Tax. Ext.P5 is the said application which was submitted by him on 13.02.2025. According to the petitioner, the same is not being considered by the 2nd respondent, apparently on the reason that, the petitioner did not undergo the procedure contemplated under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act. The writ petition is submitted by the petitioner in such circumstances, seeking the following reliefs:- 2025:KER:26564 WP(C)No.7433 of 2025 3 1. Declare that Exhibit P-3 Order is order permitting change of nature of land and they are issued under Clause 6(2) of KLU Order 1967, and payment of fee and recourse to RDO under the Kerala Conservation of Paddy Land and Wet Land Act shall not be insisted. 2. Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Exhibit P-5 application as per the dictum laid down by this Hon’ble Court in Mary Abraham v. State of Kerala & Others. (2020 (4) KLT 448) and in the judgement in RP No.1100/2024 dated 06.02.2025; 3. Dispense with the production of English Translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice; 4. Render such other orders or directions as this Hon’ble Court may deem just, fit and necessary in the facts and circumstances of the case. 2. I have heard Sri. Ashok Kumar K.P., the learned counsel for the petitioner, and Smt. Amminnikutty K., the learned Sr. Government Pleader. 3. As far as the necessity to undergo the proceedings under Sec.27A the Kerala Conservation of Paddy Land and Wetland Act and the payment of the amount demanded therein are concerned, the said issues are now covered in favour of the petitioner as per the decision in Sealand Builders Pvt Ltd v. Revenue Divisional officer, Fortkochi and Ors reported in 2025:KER:26564 WP(C)No.7433 of 2025 4 2020(4) KHC 764 025. Besides, a Full Bench of this Court in Ext.P7 judgment reiterated that, in cases of the properties covered by Clause 6 of the Kerala Land utilisation order, it is not necessary to insist for compliance of the procedure contemplated under Sec.27A the Kerala Conservation of Paddy Land and Wetland Act. In the light of the legal position now subsisting, the petitioner is entitled to get Ext.P5 Form-A application submitted by him considered, without insisting for compliance of the conditions in Sec.27A of the Act. In such circumstances, this writ petition is disposed of directing the 2nd respondent to consider Ext.P5 Form-A application submitted by the petitioner and pass appropriate orders, in accordance with law without insisting for under the procedure under Sec.27A, after verifying the genuineness of Ext.P3 order and the identity of the properties. A decision in this regard shall be taken within a period of two months from the date of receipt of copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03 2025:KER:26564 WP(C)No.7433 of 2025 5 APPENDIX OF WP(C) 7433/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE DOCUMENT NO. 1126/99 DATED 11.03.1999 OF KUTTANELLUR SUB REGISTRY Exhibit P-2 TRUE COPY OF DOCUMENT NO. 4237/2000 DATED 30.08.2000 OF KUTTANELLUR SUB REGISTRY Exhibit P-3 TRUE COPY OF THE KLU ORDER DATED 30.06.1979 Exhibit P-4 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE GROUND REALITY OF THE LAND Exhibit P-5 TRUE COPY OF THE APPLICATION AND FORM A DATED 13.02.2025 Exhibit P-6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA NO. 992/2024 DATED 12.09.2024 Exhibit P-7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN IN RP NO. 1100/2024 DATED 06.02.2025